State of Kansas, Appellee v. Roy D. Wetrich, Appellant.

Summary

The court held that Wetrich's Missouri second-degree burglary conviction was not comparable to Kansas burglary of a dwelling because the Missouri offense had broader intent and structure elements. Under the Kansas Sentencing Guidelines Act, the conviction therefore had to be classified as a nonperson felony, reducing Wetrich's criminal history score from C to E. The court affirmed the Court of Appeals, vacated the sentence, and remanded for resentencing.